New H1B after 221g

[1989bailey]

Hi,

I work on EC model and went for my H1B Visa stamping on June 2nd'2011 to Kolkata Consulate and was given a Pink 221g. VO kept my I-797 and returned my Passport.

Nearly 6 weeks later on July 25th I got a VISA denial letter from consulate. My documents were sent to KCC (Kentucky) for revocation of my petition.

My employer is now filing a new H1 in premium. Employment conditions and client remain same.

My question is: Does my employer need to withdraw my existing petition which was denied in July or that would not be necessary ?

Please advise. Thanks in Advanced.

[arjunmca]

If your previous visa rejected, what is there to withdraw. You can straight way apply for New H1.

If your case is pending for a long time, if you want to file new H1, then you can with draw.

But in your case, visa is rejected. So you dont need to withdraw. File for new petition.